SCHEDULES
F1SCHEDULE 43CPenalty under section 212A F2or 212B: supplementary provision
Words in Sch. 43C heading inserted (with effect in accordance with s. 124(2) of the amending Act) by Finance Act 2021 (c. 26), Sch. 32 para. 13(2)
Aggregate penalties
C1C28
1
Sub-paragraph (3) applies where—
a
two or more penalties are incurred by the same person and fall to be determined by reference to an amount of tax to which that person is chargeable,
b
one of those penalties is incurred under section 212A F3or 212B (as the case may be), and
c
one or more of the other penalties are incurred under a relevant penalty provision.
2
But sub-paragraph (3) does not apply if section 212(2) of FA 2014 (follower notices: aggregate penalties) applies in relation to the amount of tax in question.
3
The aggregate of the amounts of the penalties mentioned in subsection (1)(b) and (c), so far as determined by reference to that amount of tax, must not exceed—
a
the relevant percentage of that amount, or
b
in a case where at least one of the penalties is under paragraph 5(2)(b) of, or sub-paragraph (3)(b), (4)(b) or (5)(b) of paragraph 6 of, Schedule 55 to FA 2009 F5, or sub-paragraph (3)(b) or (5)(b) of paragraph 3 or paragraph 20(4) of Schedule 25 to FA 2021, £300 (if greater).
4
In the application of section 97A of TMA 1970 (multiple penalties) no account shall be taken of a penalty under section 212A F4or 212B.
5
“Relevant penalty provision” means—
a
Schedule 24 to FA 2007 (penalties for errors),
b
Schedule 41 to FA 2008 (penalties: failure to notify etc),
c
Schedule 55 to FA 2009 (penalties for failure to make returns etc), F6or
d
Part 5 of Schedule 18 to FA 2016 (penalty under serial tax avoidance regime)F7, or
e
Schedule 25 to FA 2021 (penalties for deliberately withholding information).
6
“The relevant percentage” means—
a
200% in a case where at least one of the penalties is determined by reference to the percentage in—
i
paragraph 4(4)(c) of Schedule 24 to FA 2007,
ii
paragraph 6(4)(a) of Schedule 41 to FA 2008, F8or
iii
paragraph 6(3A)(c) of Schedule 55 to FA 2009, F9or
iv
paragraph 3(4)(c) of Schedule 25 to FA 2021,
b
150% in a case where paragraph (a) does not apply and at least one of the penalties is determined by reference to the percentage in—
i
paragraph 4(3)(c) of Schedule 24 to FA 2007,
ii
paragraph 6(3)(a) of Schedule 41 to FA 2008, F10or
iii
paragraph 6(3A)(b) of Schedule 55 to FA 2009, F11or
iv
paragraph 3(4)(b) of Schedule 25 to FA 2021,
c
140% in a case where neither paragraph (a) nor paragraph (b) applies and at least one of the penalties is determined by reference to the percentage in—
i
paragraph 4(4)(b) of Schedule 24 to FA 2007,
ii
paragraph 6(4)(b) of Schedule 41 to FA 2008, F12or
iii
paragraph 6(4A)(c) of Schedule 55 to FA 2009, F13or
iv
paragraph 3(6)(c) of Schedule 25 to FA 2021,
d
105% in a case where at none of paragraphs (a), (b) and (c) applies and at least one of the penalties is determined by reference to the percentage in—
i
paragraph 4(3)(b) of Schedule 24 to FA 2007,
ii
paragraph 6(3)(b) of Schedule 41 to FA 2008, F14or
iv
paragraph 3(6)(b) of Schedule 25 to FA 2021, and
e
in any other case, 100%.
Sch. 43C inserted (15.9.2016) (with effect in accordance with s. 158(15) of the amending Act) by Finance Act 2016 (c. 24), s. 158(3)